When parents separate, most day‑to‑day decisions about a child can usually be managed through discussion, agreement or informal arrangements. However, some decisions are so significant that disagreement can quickly escalate and become entrenched. This is where a Specific Issue Order may be needed.
A Specific Issue Order is designed to help parents resolve a particular dispute about a child’s upbringing when agreement cannot be reached. Understanding when these orders apply, how they work and what the court will consider can help parents make informed decisions about how to resolve the issue and the best course to ensure their child/ren’s need stay front and centre.
What Is a Specific Issue Order?
A Specific Issue Order is an order made by the Family Court under the Children Act 1989. It determines a specific issue relating to a child’s welfare where parents (or others with parental responsibility) cannot agree.
Unlike broader child arrangements, these orders focus on one defined issue and can include matters such as:
- Changing a child’s school or GP
- Religious upbringing
- Changing a child’s name
- Medical treatment, including vaccinations or non‑urgent procedures
- Whether a child can relocate within England and Wales or outside of the jurisdiction
- Holidays or temporary removals out of the jurisdiction
- Restricting someone’s contact with a child
When Are Specific Issue Orders Used?
Specific Issue Orders are generally used when disagreements are narrow but significant. Parents may agree on most matters but remain at an impasse over one decision that directly affects the child’s future or wellbeing. These can sometimes be highly time sensitive.
The court expects parents to try to resolve disputes outside of court wherever possible. Mediation or other forms of Non Court Dispute Resolution are usually encouraged first. However, where negotiations break down or there are safeguarding concerns, a Specific Issue Order can provide a clear and enforceable outcome.
How Does the Court Decide?
In making decisions that impact a child, their welfare is paramount.
In deciding whether to make a Specific Issue Order (and what it should say), the court will consider the welfare checklist, which includes factors such as:
- The child’s physical, emotional and educational needs
- The child’s age and, where appropriate, their wishes and feelings
- The likely effect of any change in circumstances
- Each parent’s ability to meet the child’s needs
- Any risk of harm
Importantly, the court is not interested in what feels fair between adults, the focus is firmly on what is in the best interests of the child.
Do I Need the Court’s Permission to Apply?
In the majority of cases, assuming a parent has parental responsibility, they can apply for a Specific Issue Order without requiring the court’s permission. However, other individuals such as grandparents or steps parents may need permission.
Before applying, the applicant will usually need to attend a MIAM (Mediation Information and Assessment Meeting), to explore and assess suitability to mediation or other forms of Non Court Dispute Resolution. If you believe you are exempt from a MIAM seek advice from a solicitor.
How Long Does a Specific Issue Order Last?
A Specific Issue Order usually remains in force until the issue has been resolved, or until the child reaches 16, depending on the nature of the dispute.
Once the order has been complied with, there is often no need for further court involvement.
What Happens If Someone Doesn’t Comply?
Specific Issue Orders are legally binding. If a parent does not comply, the court has powers to enforce the order and, in serious cases, can impose consequences such as fines or changes to future arrangements.
Is a Specific Issue Order Always the Right Solution?
Not necessarily. Court proceedings can increase conflict and should not be seen as an automatic solution. In many cases, disputes can be resolved through mediation, early legal advice or other forms of Non Court Dispute Resolution, which are often quicker, less stressful and more child‑focused.
However, where a decision is urgent a Specific Issue Order can often be the best route to ensure a resolution, stability and reassurance for both parents and, most importantly, for the child.
Getting Advice Early
If you are facing a specific dispute about your child and are unsure how to resolve it, early legal advice can help you understand your options and assess whether court involvement is necessary.
At NE Family Law, we take a calm, practical and child‑focused approach. Our aim is always to help families resolve issues constructively, while protecting children’s welfare and your long‑term co‑parenting relationship.
If you would like advice on child arrangements or a specific issue concerning your child or their welfare, contact us to discuss your next steps.
